ÌUStlOUtl15
MARTY DAVIS
MAY 30, 2008
northwest
Marriage Ban Stands
«•
Bittersweet month for gay rights
by Jaymee R. Cuti
HI
L he ink was still wet on headlines that
tiously optimistic that the Supreme Court would
“They made a mistake, frankly,
Portland had elected the first openly gay
take the case. It takes only three justices to choose
which is thinking of same-sex marriage
mayor of a major city when a celebrating
to review a case, a decision that is typically made
as a different kind of marriage,” he ex
community learned it had lost a crucial
in four to six months. A ruling could take another
plained. “They conceptualized the ques
legal challenge to irksome Measure 36,
year from when they take the case.
tion as, ‘Do homosexual people have
the state’s same-sex marriage ban.
It’s impossible to guess which way the state’s
the constitutional rights to same-sex
Hangovers were just setting in May 21—the
gay- and lesbian-identified justices—Rives Kistler
marriage?’ That’s not really the ques
morning after election night’s historic win for
and Virginia Linder—will rule on the case, ac-.
tion. The question is, ‘Do people have
Mayor-elect Sam Adams—when the Marion
cording to Johnson.
the constitutional right to marry?’ ”
County Court of Appeals ruled to uphold Mea
sure 36.
The ruling was sobering to Juan Martinez, lead
plaintiff in the case, Martinez v. Kulongoski.
“It’s hard to know what the impact will be.
The court recognized that the revi
Kistler and Linder are straight-ahead justice-type
sion vs. amendment distinction is criti
people,” he said.
cal. Although constitutional amend
Juan Martinez (right) and Byron Beck celebrated 13
years together May 25.
Johnson respectfully disagrees with the appeals
ments may be initiated by voters, revisions to the
ing striking down the marriage han would put
“My first reaction was shock,” said Martinez,
court’s ruling, arguing that it was not thorough in
constitution can only be considered by voters af
Oregon in the same legal standing as California,
who works for Basic Rights Oregon. “We were
examining pre-existing case law, which he said
ter approval of at least two-thirds of the members
which legalized same-sex marriage May 16.
there in Salem in November [2007] for oral argu
the court is perfectly within its powers to do.
of each house of the Legislature.
“If Measure 36 were struck down, we would he
ments, and our lawyers did a wonderful job argu
The Martinez case was argued and lost on two
While admitting that case law was “sparse and
posed with exactly rhe same marriage situation as
ing the case. The judges asked smart questions to
grounds: that Measure 36 revises, not amends, the
inconclusive” with respect to constitutional revi
California, with marriage for heterosexual couples
dig deep into the arguments. We left feeling really
Oregon Constitution, and that it creates multiple
sions vs. amendments, the court sited a similar
and civil unions for same-sex couples, and it is not
optimistic.”
changes that should have been proposed as sepa
prior case, 1994’s Lowe v. Kiesling, in which the
constitutional to have parallel systems just for the
rate amendments.
judged ruled for the amendment, not sweeping
case of keeping them separate,” said Johnson.
Martinez is not giving up, and neither is his
crack legal team, attorneys acting on behalf of
The court rebuked the “separate vote” argu
BRO. BRO attorneys might ask the Court of Ap
ment, ruling that because the multiple changes are
peals to reconsider its ruling. They will also petition
related, they don’t need to be voted on separately.
the Oregon Supreme Court to review the case.
BRO attorney Mark Johnson said he was cau-
Johnson found the court’s response to the second
argument—revision vs. amendment—flat out wrong.
Tkùjckgoti to PortiûMd's
&LÒT CoHUKJuùtyl.
constitutional revision.
“Rather than revisiting [Lowe] and deciding
to overrule it, they just decided the previous case
answered it,” said Johnson.
According to Johnson, a Supreme Court rul-
Martinez shares Johnson’s optimism for rhe
future of Oregon’s marriage laws.
“It’s just going to he a matter of time for things to
be right here in our state,” said Martinez. “It’s happen
ing around the country. I have to believe that. ©
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